BETA

19 Amendments of Frances FITZGERALD related to 2021/0342(COD)

Amendment 446 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point y
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 151
(151) ‘revolving exposure’ means any exposure whereby the borrower’s outstanding balance is permitted to fluctuate based on its decisions to borrow and repay, up to an agrepproved limit;
2022/08/11
Committee: ECON
Amendment 449 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point y
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 152 – point a
(a) an exposure for which, on a regular basis of at least every 12 months, the balance to be repaid at the next scheduled repayment date is determined as the drawn amount or an instalment at a predefined reference date, with a scheduled repayment date not later than after 12 months, provided that the balance has been repaid in full at each scheduled repayment date for the previous 12 months;
2022/08/11
Committee: ECON
Amendment 472 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 575/2013
Article 5 – point 10 a (new)
(10 a) For the purpose of this regulation, ‘agricultural enterprise’ means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members who exercises an agricultural activity.
2022/08/11
Committee: ECON
Amendment 512 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EU) No 575/2013
Article 49 – paragraph 4 – subparagraph 2
The holdings in respect of which deduction is not made in accordance with paragraphs 2 or 3 shall qualify as exposures and shall be risk weighted at 10075 %.;
2022/08/11
Committee: ECON
Amendment 514 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – introductory part
(a) the Common Equity Tier 1 capital of the subsidiary minus the lower of the following:amount of consolidated Common Equity Tier 1 capital that relates to that subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (a), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive and the Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirements.
2022/08/11
Committee: ECON
Amendment 525 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
(i) the amount of Common Equity Tier 1 capital of that subsidiary required to meet the following: — institution, the sum of the requirement laid down in Article 92(1), point (a), tdeleted whe requirements referred to in Articles 458 and 459 , the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in Article 128, point (6), of that Directive, or any local supervisory regulations in third countries insofar as those requirements are to be met by Common Equity Tier 1 capital, as applicable; — investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in Article 39(2), point (a), of Directive (EU) 2019/2034, or any local supervisory regulations in third countries, insofar as those requirements are to be met by Common Equity Tier 1 capital, as applicable; the subsidiary is an where the subsidiary is an
2022/08/11
Committee: ECON
Amendment 536 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
(ii) the amount of consolidated Common Equity Tier 1 capital that relates to that subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (a), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive;;deleted
2022/08/11
Committee: ECON
Amendment 546 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – introductory part
(a) the Tier 1 capital of the subsidiary minus the lower of the following:amount of consolidated Tier 1 capital that relates to the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (b), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive; and the Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirements.
2022/08/11
Committee: ECON
Amendment 554 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point i
(i) the amount of Tier 1 capital of the subsidiary required to meet the following: — institution, the sum of the requirement laid down in Article 92(1), point (b), tdeleted whe requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in Article 128, point (6), of that Directive, or any local supervisory regulations in third countries insofar as those requirements are to be met by Tier 1 Capital, as applicable; — investment firm, the sum of t the subsidiary is an whe requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in Article 39(2), point (a), of Directive (EU) 2019/2034, or any local supervisory regulations in third countries insofar as those requirements are to be met by Tier 1 capital, as applicable; the subsidiary is an
2022/08/11
Committee: ECON
Amendment 569 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No575/2013
Article 85 – paragraph 1 – point a – point ii
(ii) the amount of consolidated Tier 1 capital that relates to the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (b), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive;;deleted
2022/08/11
Committee: ECON
Amendment 580 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)Regulation (EU) No 575/2013

Article 87 – paragraph 1 – point a
(20 a) in article 87(1), point (a) is replaced by the following: (a) the own funds of the subsidiary minus the lower of the following: (i) the amount of own funds that relates tof the subsidiary that is required to meet the following: —on a consolidated basis to meet the sum of the requirement laid down in point (c) of Article 92(1) of this Regulation, the requirements referred to in Articles 458 and 459 of this Regulation, the specific own funds requirements referred to in Article 104 and 104a of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of that Directive, and any additional local supervisory regulations in third countries, — where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in point (a) of Article 39(2) of Directive (EU) 2019/2034, and any additional local supervisory regulations in third countries; (ii) the amount of own funds that relates to the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in point (c) of Article 92(1) of this Regulation, the requirements referred to in Articles 458 and 459 of this Regulation, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of that Directive, and any additional local supervisorythe Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirement in third countries;s.
2022/08/11
Committee: ECON
Amendment 1046 #
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 314 –paragraph 2 – subparagraph 3
IC = the interest component, determined at jurisdiction level, which is the institution’s interest income from all financial assets and other interest income, including finance income from financial and income from operating leases and profits from leased assets, minus the institution’s interest expenses from all financial liabilities and other interest expenses, including interest expense from financial and operating leases, depreciation and impairment of, and losses from, operating leased assets, calculated as the annual average of the absolute values of the difference over the previous three financial years;
2022/08/18
Committee: ECON
Amendment 1048 #
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 314 – paragraph 2 – subparagraph 4
AC = the asset component, determined at jurisdiction level, which is the sum of the institution’s total gross outstanding loans, advances, interest bearing securities, including government bonds, and lease assets, calculated as the annual average over the previous three financial years on the basis of the amounts at the end of each of the respective financial years;
2022/08/18
Committee: ECON
Amendment 1082 #
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 320 – paragraph 1 – point b – point i
(i) equal to or above 15 % of the institution’s average annual operational risk loss, calculated based on the threshold referred to in Article 319(1), where the operational risk loss event refers to activities that are still part of the business indicator;
2022/08/18
Committee: ECON
Amendment 1403 #
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495a – paragraph 3
3. By way of derogation from Article 133, institutions may continue to assign the same risk weight that was applicable as of [OP please insert the date = one day before the date of entry into force of this amending Regulation] to equity exposures to entities of which they have been a shareholder at [adoption date] for six consecutive years and over which they exercise significant influence or control in the meaning of Directive 2013/34/EU, or the accounting standards to which an institution is subject under Regulation (EC) No 1606/2002, or a similar relationship between any natural or legal person and an undertaking or when an institution is in the capacity to name at least one member of the management body of the entity.
2022/08/18
Committee: ECON
Amendment 1470 #
Proposal for a regulation
Article 1 – paragraph 1 – point 199 a (new)
Regulation (EU) No 575/2013
Article 500da (new)
(199 a)the following article is inserted : Article 500da For the purpose of calculating loss in accordance with point (2) of Article 5, the artificial cashflow shall reflect: (i) principal: total outstanding amount of the full loan at the moment of cure, but only the amount of missed payments (i.e. actual past due payments) accrued up to the moment of cure should be discounted; (ii) interest: amount accrued between the moment of default and the moment of cure; (iii) fees: amount accrued between the moment of default and the moment of cure; (iv) additional observed recoveries: total amount received up to the moment of cure; (v) additional drawings: firms should follow the requirements of CRR Articles 182(1)(c), 181(2)(b) and 182(3). Additional drawings included in the artificial cash flow should be treated in the same way as the principal; and (vi) costs: amount accrued between the moment of default and the moment of cure. 2. In applying point 1, the “moment of cure” is defined as the moment when no triggers of default continue to apply and at least 3 months after the start of the final probation period. 3. The artificial cash flow shall be discounted over the actual period of default only (i.e. between the moment of default and the moment of cure) and, therefore, should not be discounted over any additional time period after the moment of cure, such as the final probation period. The rate at which artificial cash flow is discounted shall be based solely on the primary interbank offered rate during the period of default.
2022/08/18
Committee: ECON
Amendment 1507 #
Proposal for a regulation
Article 1 – paragraph 1 – point 203
Regulation (EU) No 575/2013
Article 505
1 Own funds requirements for credit risk calculated in accordance with Title II of Part III shall be multiplied by a factor of 0,75, if the exposure to an agricultural enterprise as defined in Article 5 point (11) complies with all the following criteria: (a) the exposure is included either in the corporate, retail or immovable property exposures class, with the exclusion of exposures in default; (b) the obligor complies with farming practices that respect (or are equivalent to) eco-schemes and/or environmental, climate related and other management commitments as laid down in articles 31 and 70 of Regulation (EU) n°2021/2115. 2. Large institutions as defined in Article 433a shall report to competent authorities semi-annually on the total amount of exposures to agriculture entities calculated in accordance with paragraph 1 of this Article. Small and non-complex institutions as defined in Article 433b shall report this information annually. 3. By 31 December 2030, EBA shall report to the Commission on the impact of the requirements of this Regulation on agricultural financing.
2022/08/18
Committee: ECON
Amendment 1510 #
Proposal for a regulation
Article 1 – paragraph 1 – point 203
Regulation (EU) No 575/2013
Article 506 – paragraph 1
By 31 December 2026, EBA shall report to the Commission on(-a). By [insert date = 12 months after the entry into force of this amending Regulation], EBA, in consultation with the National Competent Authorities given their expertise on credit insurance risk, shall report on the following to the European Commission: a) an analysis of the eligibility and use of policy insurance as credit risk mitigation techniques andb) an analysis onf the appropriateness of the associated risk parameters referred to in Part Three, Title II, Chapter 3 and 4.effective riskiness (based on observed losses) of credit risk exposures where a credit insurance was recognised as a credit risk mitigation technique c) the consistency of own funds requirements laid down in this Regulation with the outcomes of the analysis under points (a) and (b) of this paragraph
2022/08/18
Committee: ECON
Amendment 1515 #
Proposal for a regulation
Article 1 – paragraph 1 – point 203
Until the Delegated Act is applicable, transitional arrangements for credit insurance policies would apply as follows: By way of derogation from articles 236 (1a) and 236a (2), as far as credit insurance policies are concerned, the LGD applicable to the protection provider shall be the applicable protection provider’s LGD provided for in Article 161(1), multiplied by the following factors: (a) 30 % during the period from 1 January 2025 to 31 December 2028; (b) 45 % from 1 January 2029 until the Delegated Act is applicable 3 By way of derogation, during the above transition arrangements, credit insurance policies shall continue to be governed by the eligibility criteria and requirements that existed in Article 183 prior to the entry in force of this regulation.
2022/08/18
Committee: ECON